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13 Aug 2018

After my H1B cap case was filed, I traveled to India because of an emergency. After I returned, an RFE was issued, mentioning my travel dates and maintenance of F-1 status. Any suggestions on how to respond to USCIS on this RFE?

Answer Travel while a change of status request is pending normally results in automatic cancellation of the COS request. The H1B can still be approved for consular processing. This happens automatically, and there typically is no way to overcome this in an RFE response. (13.Aug.2018) In frequent...

19:45 / FAQs / For Individuals / Travel / Worker
06 Aug 2018

My H1B was selected in the lottery, but it is still pending. If I travel outside the country now, will that cause my H1B to be denied?

Answer Assuming the H1B petition included a change-of-status request, international travel would result in the status request being abandoned. This means the petition could still be approved, but essentially it would convert to a request for consular processing. In order to enter in H1B status, it...

11:19 / FAQs / For Employers / For Individuals / Travel / Worker
06 Aug 2018

I will soon be applying for U.S. citizenship for myself and for my family. Will my 11-year-old child have to attend a naturalization interview?

Answer One generally must be at least 18 to apply for citizenship. Children under that age normally would become citizens automatically upon naturalization of the parent/s. After that occurs, a passport application (or N-600 application) for a certificate of citizenship can be applied for on their...

11:16 / Citizen / FAQs / For Individuals / Resident
06 Aug 2018

I had my employment-based I-485 interview back in April, and the case is still pending. Is it worthwhile to contact a Congressperson’s office for help?

Answer If the priority date has been current continuously, it might make sense to do an inquiry, as cases are sometimes "forgotten" by the USCIS. (06.Aug.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time....

11:06 / Employment Based / FAQs / For Individuals / Resident
30 Jul 2018

I am a dentist on H1B. My employer has two clinics, but I only work at one of them. He now wants me to do work at the second location as well. Is a new LCA required?

Answer If the second work location is within "normal commuting distance" of the original work location, a new LCA might not be needed. However, if the second clinic is not within normal commuting distance, a new LCA and amended H1B petition probably would be necessary. Also,...

15:13 / FAQs / For Employers / For Individuals / Worker